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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Mother left 2 of the children with me in Newcastle whilst she

Resolved Question:

Mother left 2 of the children with me in Newcastle whilst she took other 2 and moved to Felixstowe with her new partner against my wishes. Court order is now in place so that I get access to my other 2 children 3 weeks in the summer, 1 week at Christmas and 1 week at easter and alternate half term holidays and occasional weekend visits.
My ex partner refuses to do this even thought the court order is place stating she doesn't have the time or it is too expensive. Even when I offer to go and pick them up and bring them back to Newcastle at my expense she refuses.
How do I go about getting this sorted as the last time I saw my other 2 children was last summer holiday even though I have asked to see them at Christmas and feb half term.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and when was the Order made
Clare
Customer: replied 3 years ago.

Hi Clare


The children are now 16, 14, 11 and 9.


The order was made 2011

Expert:  Clare replied 3 years ago.
Hi
Do the children enjoy spending time with you - would they like to come more often (as far as you know that is)
Clare
Customer: replied 3 years ago.

Yes they enjoy being with me. They didn't want to move away from the area and their family and friends.


Currently the 16 and 11 year old live with me, the 14 and 9 year old live with their mother in Felixstowe. Originally there was an order in place that prevented her moving away with the kids but then the judge at the time decided there wasn't an issue with the boys being split up 2 with me and 2 with their mother. I objected to them being split up but it went ahead with the access arrangements being put in place.


The 14 year old has stated on more than one occasion he wants to move back to Newcastle but is torn as he doesn't want to leave his other brother behind.


Last night again I found out that my ex is refusing for the boys to come up in February week as she doesn't have time to bring them, however her parents are going down to visit from the Thursday until the Monday of that week and has agreed that the 11 year old who lives with me can go down and miss a days school on the Monday.


I've suggested that I would go and collect the boys from her house and bring them back or meet her half way to collect them and for them to go back down with their grandparents on the Thursday but she isn't having this at all and is refusing again. (I am prepared to speak to the school about 1 days absence from school).


Social services have been involved but have been no help to me at all they have been biased towards her all the time.


My ex doesn't seem bothered that she doesn't see the boys that live with me, infact she has hardly seen the 16 year old at all, I think she has seen him once in the last 3 years. However I want to see all the boys, I want them to rebuild their relationship as this is breaking down which is not right as they need each other


 

Expert:  Clare replied 3 years ago.
Hi
The only way forward is to apply to enforce the Order
This is done using a form C79 available here http://www.familylaw.co.uk/system/uploads/attachments/0002/2151/C79_1108.pdf and the fee is £215.
This will not ensure that the february contact can go ahead - but should help with Easter and thereafter
I hope that this is of assistance - please ask if you need further details
Clare
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